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‘Disputed facts’ prevent federal judge from overturning contested abortion restrictions

December 4, 2014
Marilyn Odendahl
Conflicting opinions from medical experts has stopped a federal judge from issuing a final summary judgment in a challenge to the Indiana statute that requires non-surgical abortion clinics to have the same equipment and adhere to the same requirements as a surgical facility.
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Court erred in affirming decision new seawall must be removed

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.
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Justices: Homes subject to tax sale from delinquent sewer fees

December 4, 2014
Jennifer Nelson
The Indiana Supreme Court issued two cases dealing with the same issue Thursday: whether a tax sale could be used to collect unpaid sewer bills. The justices ruled it could and reversed judgment in favor of the homeowners.
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COA orders man’s birth certificate change to reflect gender

December 4, 2014
Jennifer Nelson
The birth certificate of a person who was born a woman but now identifies as a man and has undergone extensive medical treatment for gender transition should be changed to show he is male, the Indiana Court of Appeals ruled Thursday.
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Indiana joins lawsuit over Obama’s immigration executive order

December 4, 2014
 Associated Press, Jennifer Nelson
Indiana has joined a lawsuit filed by 17 states challenging executive actions taken by President Barrack Obama on immigration last month.
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Questions exist as to whether teen furnished alcohol to other teens

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.
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2 charged with kidnapping woman want trials moved

December 4, 2014
 Associated Press
The couple charged with holding a southwestern Indiana woman captive for two months are asking that their trials be moved to another county.
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Conour appeal focuses on defense withdrawal, sentencing terms

December 3, 2014
Dave Stafford
Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.
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US Supreme Court hears pregnancy discrimination case

December 3, 2014
 Associated Press, IBJ Staff
The Supreme Court of the United States is weighing how much employers must do to accommodate pregnant workers under a federal law aimed at combating discrimination against them.
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Bennett probe called for prosecution

December 3, 2014
 Associated Press
A months-long investigation into former State Superintendent of Public Instruction Tony Bennett's use of state staff and resources during his 2012 re-election campaign found ample evidence to support federal wire fraud charges, according to a copy of the 95-page report viewed by The Associated Press.
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More than 3 dozen Indiana jurists retiring, leaving bench at year’s end

December 3, 2014
Dave Stafford
Five judges with a combined bench experience of more than a century are departing the Marion County courts at the end of the year, joining dozens of jurists around the state who are calling it a career.
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Indiana Tech taps a Cooley dean to lead law school

December 3, 2014
Marilyn Odendahl
Charles Cercone, associate dean of faculty and professor at Western Michigan University’s Thomas M. Cooley Law School, says the opportunity at Indiana's newest law school is "simply unique."
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Judicial officers in demand

December 3, 2014
Marilyn Odendahl
Seven counties are asking the Legislature for 11 magistrates to handle increasing caseloads.
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ISBA seeks malpractice time-limit legislation

December 3, 2014
A proposal adopted by the Indiana State Bar Association's House of Delegates in October has yet to be formalized, but it recommends legislation that would limit malpractice liability for attorneys to two years after discovery of an error or not more than three years after the conclusion of representation.
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Walgreen privacy judgment a 'game-changer'

December 3, 2014
Dave Stafford
A $1.4 million judgment against Walgreen for a pharmacist’s unauthorized breach of private prescription data should raise red flags for any health care provider whose employees handle private medical information, lawyers and legal experts say.
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Dean's Desk: Educating, supporting those called to the law

December 3, 2014
Andrea D. Lyon
The legal system plays a foundational role in a free society, and those who are called to this profession have an exciting opportunity to demonstrate their humanity while serving others.
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Fewer young attorneys enter graying profession, instead find alternative uses for JDs

December 3, 2014
Dave Stafford
Recent Indiana law school graduates are broadening their horizons, with many taking nontraditional post-graduate paths in the business world as the legal profession is increasingly graying.
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Thomas Hays will lead DTCI as it embarks on new long-range plan

December 3, 2014
Marilyn Odendahl
For nearly 37 years, Hays, a partner at Lewis Wagner LLP, has continued to enter courtrooms, building a solid reputation as a personal injury defense attorney. Now Hays is preparing to take on a new challenge. He is the incoming president of the Defense Trial Counsel of Indiana and will take office in January just as the organization is beginning to implement a new long-range plan.
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2014 DTCI Amicus Report

December 3, 2014
From DTCI
In 2014, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals, several of which have not yet been decided. The cases DTCI became involved in this year addressed a variety of evidentiary and other issues that are of interest to the defense bar.
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Indiana Judges Association: The legal profession's Top Ten list of legal quotes

December 3, 2014
David Dreyer

Drawing upon Mr. David Letterman’s famous comic premise – the Top Ten List – we judges and lawyers would do well to take a similar look at our professional selves. So, for what it’s worth, see this judge’s Top Ten legal quotes, starting with No. 1 (and explanations). Of course, very few of them were said by lawyers.

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Hammerle on ... 'Whiplash,' 'The Hunger Games: Mockingjay - Part 1'

December 3, 2014
Robert Hammerle
Bob Hammerle says "Whiplash" is a startling movie with an Oscar-worthy screenplay that assaults your senses.
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Start Page: Tame your email inbox using flags, rules and search folders

December 3, 2014
Seth Wilson
I have a confession: I struggle to keep up with all the inputs in my life. Something is constantly seeking my attention – people, phone, texts, email and social media.
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Indiana’s cold beer law heading to 7th Circuit

December 2, 2014
Marilyn Odendahl
Convenience stores will soon have the chance to convince the 7th Circuit Court of Appeals that Indiana’s restrictions on cold beer sales violate the U.S. Constitution.
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Free lecture concludes IU Maurer’s 'Brown at 60' series

December 2, 2014
IL Staff
Award-winning author and DePauw University professor emeritus of history John Dittmer will deliver the final lecture in Indiana University Maurer School of Law’s “Brown at 60” series Dec. 3 at noon. The lecture is free and open to the public in the law school’s moot court room.
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Indiana prison sued for allegedly banning journal

December 2, 2014
 Associated Press
A journal that reports on the rights of inmates is suing an Indiana correctional facility for denying its prisoners access to the publication, attorneys announced Monday.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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